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Mark Oakley
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Summary
Mark W. Oakley is an established litigation attorney concentrating on civil litigation, personal injury, construction law, and criminal and traffic defense. He also advises business clients, negotiates and drafts contracts, and handles a variety of litigation matters at all levels of the state and federal court systems. Mr. Oakley is trained and certified in the collaborative practice of law. Mr. Oakley is a graduate of the University of Maryland School of Law (J.D. 1987), and the University of Maryland, College Park (B.A. 1984). He is a member of the Maryland State Bar Association, the District of Columbia Bar, and the Bar Association of Montgomery County. He is admitted to practice before the Court of Appeals of Maryland, the District of Columbia Court of Appeals, the United States District Court for the District of Maryland, the United States District Court for the District of Columbia, and the United States Court of Appeals for the Fourth Circuit. Authored the winning brief in the case of 1986 Mercedes v. State of Maryland, a precedent-setting decision limiting the State’s power to forfeit private property.
Practice Areas
- Criminal Law
- DUI & DWI
- Family Law
- Personal Injury
- Construction Law
- Estate Planning
- Business Law
Fees
- Free Consultation
- Credit Cards Accepted
Visa, MasterCard, Discover - Contingent Fees
I handle personal injury claims on a contingent fee basis, meaning if there is no recovery, you do not owe me a legal fee.
Jurisdictions Admitted to Practice
- District of Columbia
- District of Columbia Bar
- Maryland
Education
- University of Maryland - Baltimore
- J.D. (1987) | Law
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- University of Maryland - College Park
- B.A. (1984) | English
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Professional Associations
- District of Columbia Bar
- Member
- - Current
- Maryland State Bar Association
- Member
- - Current
- Bar Association of Montgomery County
- Member
- - Current
Websites & Blogs
Legal Answers
564 Questions Answered
- Q. Estate Representative. One beneficiary is in federal prison. What is DC Probate law for distribution of money?
- A: The issue is not unique to probate law. How does a prisoner hold and manage their money and other assets? You need a bank or other financial institution that is willing to open an account for the prisoner and make the necessary arrangements to get signature cards signed and meet their other requirements, and the prisoner agrees to this arrangement. Another option is the prisoner grants someone his written power of attorney to receive and manage his funds for him, which will require him to execute a power of attorney naming someone he trusts. Alternatively, he can name someone to receive his distribution in the form of a check, “as trustee for [insert his name]” and that person becomes his appointed trustee for the funds—the check would then be taken to a bank which will open a custodial account in the name of the trustee for the prisoner, and the trustee will be bound by fiduciary laws to manage the funds solely for the prisoner’s benefit.
- Q. I was in a unlocked van Smoking and didn’t know the owner And got charged with rogue am I going to jail for this ???
- A: Jail is rare for this offense unless you have an extensive criminal history. Further, it is often difficult for this crime to fit entering an unlocked vehicle unless you had on you tools or other objects used for breaking into a vehicle. Therefore, a lawyer might very well convince a prosecutor to drop the case, or successfully defend it at trial. Alternatively, this is also the type of crime a prosecutor may agree to offer to drop in the change for you performing some community service hours. Consult a lawyer and do not risk a conviction on this charge.
- Q. is there case law that supports reducing attorney's fees based on lost counts of a summary judgment?
- A: No, but the amount of fees must be reasonable, and an argument can be made that the time and billing associated with the lost counts were not reasonable since the claims were rejected; therefore, some adjustment is appropriate. In the end, the amount of fees are left to the “sound judgment “ of the judge.
- Q. Ex-wife refuses to get a home loan via settlement agreement. Need successful experience in a sale in lieu of partition.
- A: Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's letter regarding the issue, then filing a suit for sale in lieu of partition is fairly straight forward.
- Q. My wife and I have only been married 6 months with four months separated because of deployment and she wants a divorce.
- A: No. There is only a time frame for filing for divorce where both parties are not in agreement to get divorced: one year continuous uninterrupted separation. If both parties are in agreement, however, then so long as they both sign a written agreement resolving all marital rights and interests, then an action for divorce can be filed immediately. If one of you is in the military and is deployed, it will be difficult without an agreement for the non-military spouse to file for divorce until the military spouse is back from deployment.
- Q. Does the 1 year separation period restart if you file for divorce, then retract the case if you are trying to divorce?
- A: Unless you resumed living together under the same roof, then the separation period starts and runs from the date you initially separated and remained separated through the present. Doesn't matter that you began talking about getting back together, unless you resumed marital relations and living arrangements--even for one night. You do not need the one year separation IF you both sign a written separation and property settlement agreement that resolves all your marital rights. With that signed document in hand, either one of you can file regardless of how long you have been separated. I recommend you retain counsel and have such an agreement prepared. You need to know all the issues to tie up (debts, retirement accounts, pension rights, car titles, marital property, health insurance, support issues, etc.) which are addressed in such an agreement, and prevents unpleasant surprises in the future.
- Q. Can a MD Police Officer issue a ticket after the fact? can a officer issue a traffic ticket 2 months after the “offense”
- A: Obviously, you have discovered that, yes, he can, and he did. Police officers can add charges, but it is rare. Arguments might be made regarding double jeopardy or res judicata (I am not explaining those nuanced defense theories here). Go to trial on these--if they are payable, then ask for a trial date, NOT a waiver hearing. Hire a lawyer.
- Q. I need to know why is there a warrant out for me but nothing is on my case search. I just when to court in September.
- A: No way to answer your question without looking at the notice and making calls.
- Q. I have a open warrant but the court system don't show anything of such warrant
- A: Could be a mistake, could be someone used your name and had a fake license and was charged under your name, could be something else. Take the notice to a lawyer.
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